Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:

a. Circumstances beyond AL Hosting’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;

b. Failure of access circuits to the AL Hosting Network, unless such failure is caused solely by AL Hosting;

c. Scheduled maintenance and emergency maintenance and upgrades;

d. DNS (Domain Name System) issues outside the direct control of AL Hosting;

e. Issues with FTP, POP, or SMTP customer access;

f. Erroneous SLA outages reported as a result of outages or errors of any AL Hosting measurement system;

g. Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding, e.g. CGI, PERL, HTML, ASP, ColdFusion, PHP, etc., any negligence, willful misconduct, or use of the Service in breach of AL Hosting’s Terms and Conditions and Acceptable Use Policies;

h. E-mail or webmail delivery and transmission;

i. DNS Propagation.

j. Outages elsewhere on the Internet that hinder access to your account or services. AL Hosting is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. AL Hosting will guarantee only those areas considered under the control of AL Hosting: AL Hosting server links to the Internet, AL Hosting’s routers, and AL Hosting’s servers.

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